A BILL to amend and reenact section six, article eight, chapter
five-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to creating a records
management and preservation board; qualifications and
appointment of members; expense reimbursement; staffing; rule-
making authority; study of records management needs of state
agencies; and termination.

Be it enacted by the Legislature of West Virginia:That section six, article eight, chapter five-a of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted, to read as follows:

(a)(1) There is hereby created a records management and
preservation advisory committee is continued within the department
of administration, to advise the administrator and to perform such
other duties as this article requiresboard, to be composed of
eleven members.The records management and preservation advisory
committee shall be composed of the following members: The
governor, auditor, attorney general, president of the senate,
speaker of the house of delegates, the chief justice of the supreme
court of appeals, a judge of a circuit court to be appointed by the
governor, the director of the office of emergency services, and the
director of the section of archives and history of the division of
culture and history, or their respective designated
representatives. The advisory committee shall designate one of its
members to be chairman, and it shall adopt rules for the conduct of
its business. The advisory committee shall meet whenever called by
its chairman or the administrator.(2) Three members shall serve ex officio. One member shall
be the commissioner of the division of culture and history. One
member shall be the administrator of the supreme court of appeals.
The commissioner of the division of culture and history and the
administrator of the supreme court of appeals shall serve as co-
chairs of the board. One member shall be the administrator of the
governor's office of technology or his or her designee.(3) The governor shall appoint eight members of the board
with the advice and consent of the Senate. Not more than five
appointments to the board may be from the same political party and
not more than three members may be appointed from the same
congressional district.(i) Three appointments shall be county elected officials, one
of whom shall be a clerk of the county commission, one of whom
shall be a circuit court clerk and one of whom shall be a county
commissioner, to be selected from a list of nine names, including
the names of three clerks of county commissions and three circuit
court clerks submitted to the governor by the West Virginia
association of counties and the names of three county
commissioners, submitted to the governor jointly by the West
Virginia association of counties and the West Virginia county
commissioners association;(ii) One appointment shall be a municipal elected official
selected from a list of three names submitted by the municipal
league of this state;(iii) Two appointments shall be attorneys licensed in West
Virginia and in good standing as members of the state bar, one
having experience in mineral title examination and one having
experience in real estate title examination, to be selected from a
list of six names submitted by the state bar;(iv) Two appointments shall be members of the general public,
one being a representative of a local historical or genealogical
society;(b) The members of the advisory committee shall serve without
compensation but shall be reimbursed for all reasonable and
necessary expenses actually incurred in the performance of their
duties as members of the advisory committee; except that in the
event the expenses are paid, or are to be paid, by a third party,
the member shall not be reimbursed by the state.(c) The staff of the board shall consist of the director of
the archives and history section of the division of culture and
history and such staff as he or she may designate to assist him or
her.(d) On or before the first day of July, two thousand one, the
board shall propose rules for legislative approval in accordance
with the provisions of article three, chapter twenty-nine-a of this
code, to establish a system of records management and preservation
for counties and municipalities: Provided, That, for the retention
and disposition of records of courts of record and magistrate
courts, the implementation of the rule is subject to action of the
West Virginia supreme court of appeals.(e) On or before the first day of April, two thousand two,
the board, in cooperation with state agencies under the general
authority of the governor, shall conduct a study of the records
management and preservation needs of the state agencies. Should
the board determine a need for a uniform records management and
preservation system for agencies, it shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code, to provide for the staged implementation of a uniform records management and
preservation system for state agencies.(f) The board shall terminate on the first day of July, two
thousand two, pursuant to the provisions of article ten, chapter
four of this code.